- 1 - NC: 2025:KHC:17491 WP No. 7555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7555 OF 2025 (KLR-RES) BETWEEN: 1. DHIRAJ S NATH. S/O HAMMABBASHRIDHAR, AGED 53 YEARS, R/A NO.5-210, KONDANA PANEER, DERALAKATTE POST, KOTEKAR, ULLALTALUK, D.K. DISTRICT, 575 017. 2. MOHAMMED P.E. S/O ISMAIL K, AGED 47 YEARS RESIDING AT NO. 126/18, SUBHAS NAGAR, PALLKEYA, MANGALURU 575 017 …PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF LAND REVENUE VIDHANA SOUDHA, BANGALORE 560 001 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT D.C OFFICE MANGALORE 575 001 3. THE ASSISTANT COMMISSIONER MANGALORE SUB-DIVISION D.C OFFICE MANGALORE 575 001 4. THE TAHASILDAR MANGALORE TALUK D.C OFFICE MANGALORE 575 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17491 WP No. 7555 of 2025 5. KOTEKAR TOWN PANCHAYATH Z KOTEKAR MANGALORE TALUK D.K.DISTRICT 575 022 REPRESENTED BY ITS CHIEF OFFICER …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-4; SRI. PRASANNA.V.R., ADVOCATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT SETTING ASIDE THE ORDER DTD 30.08.2023 IN NO. CDIS.L.N.D(3B)CR/99/2023/E-249188/B3, PASSED BY THE DC, D.K DISTRICT (ANNX-A) AND THE ORDER DTD 12.09.2023 IN NO. CDIS.L.N.D.P.D.R.139/2023/E-241318, PASSED BY THE AC MANGALORE SUB-DIVISION (ANNX-B), ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are aggrieved by the orders passed by the Deputy Commissioner, who has accepted the recommendation of the Assistant Commissioner and has extinguished the kumki rights in respect of the land bearing Sy.No.262/1 of Kotekar village to an extent of 1.35 acres. 2. It is the case of the petitioners that they had physical rights over the land and without hearing the petitioners, the impugned orders have been passed. - 3 - NC: 2025:KHC:17491 WP No. 7555 of 2025 3. A perusal of Annexures-A and B indicates that the petitioners were not notified of any proposal to withdraw the kumki right that they had in the land in question. 4. In that view of the matter, in my view, it would be appropriate to quash Annexures-A and B and direct the authorities to notify the matter, hear objections and pass an appropriate order in accordance with law within a period of three months from the date of receipt of a copy of this order. This Writ Petition is, accordingly, allowed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE hnm List No.: 1 Sl No.: 105